Constitutional lawyer, Mike Ozekhome, SAN, has accused the
Department of State Services (DSS) of acting above the law by refusing to
release former Benue State governor, Gabriel Suswam, weeks after he was
arrested.
Ozekhome, in a chat with newsmen in Abuja yesterday, called
on the DSS to release the former governor without stringent conditions.
He insisted that the detention of Suswam with no right to
fair hearing is an infringement on his rights as enshrined in section 36 of the
1999 Constitution (as amended).
Suswam has been in detention since February 27, 2017,
following his arrest by the DSS over his alleged involvement in illegal
possession of firearms.
Ozekhome said, “The continuing detention of the former
governor of Benue State, Mr. Gabriel Suswam constitutes a violation of his
fundamental human rights.”
“Every accused person has a right to a fair trial, which
includes the right to be informed of the charge with sufficient detail to
answer it.
“You have to give him (Suswam) adequate time and facilities
to prepare a defence to a public trial before an ordinary court; to have his
trial begin and conclude without unreasonable delay.
“Also, Suswam has a right to be present when being tried; to
choose, and be represented by a legal practitioner.”
He added that the arrest and detention of Suswam by the DSS
constitutes a violation of the former governor’s fundamental rights guaranteed
under sections 34(1),(a) and 35(1) of the Constitution of the Federal Republic
of Nigeria 1999 (as amended).
Ozekhome also pointed out that the continuing detention of
Suswam without recourse to Court or due process of law constitutes a violation
of his fundamental human rights guaranteed under Section 35(1)(c) and (4) and
44(1) of the 1999 Constitution (as amended) and is therefore illegal and
unconstitutional.
By Ifreke Inyang
